Hi Friends,
I am writing this on behalf of my father, as I am at the starting phase of my career and am not aware of any of the HR policies. Hope you guys will help me!!
To start with, my father has been working in a private firm for the past 16 years. It is a poultry organization with around two hundred employees. Right from the beginning, my father did not have any payslips or any other provisions from the employer.
Now, due to some problems at the farm, the management is trying to move my father away from the place. So he has decided to resign from the job. As far as my knowledge goes, my father has no PF accounts or any other benefits. Now, the questions are:
1. Is my father eligible to receive benefits after resigning? His current salary is 8500.
2. In case of a yes, will he be able to proceed legally if the employer denies giving him what he rightfully deserves? If yes, how should he proceed?
3. Is PF mandatory for the employer to provide?
Please provide me with the details... Thank you.
From India, Hyderabad
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I am writing this on behalf of my father, as I am at the starting phase of my career and am not aware of any of the HR policies. Hope you guys will help me!!
To start with, my father has been working in a private firm for the past 16 years. It is a poultry organization with around two hundred employees. Right from the beginning, my father did not have any payslips or any other provisions from the employer.
Now, due to some problems at the farm, the management is trying to move my father away from the place. So he has decided to resign from the job. As far as my knowledge goes, my father has no PF accounts or any other benefits. Now, the questions are:
1. Is my father eligible to receive benefits after resigning? His current salary is 8500.
2. In case of a yes, will he be able to proceed legally if the employer denies giving him what he rightfully deserves? If yes, how should he proceed?
3. Is PF mandatory for the employer to provide?
Please provide me with the details... Thank you.
From India, Hyderabad
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Dear,
As per your query, if your father does not have any proof of service, how will the law help you? Your father should not resign of his own accord. He should approach the employer and try to settle the full and final dues. He used to receive his salary without any paperwork, and now he can similarly receive his final settlement amount from the employer. In the absence of the above, he will have to present his case based on oral evidence. It is uncertain whether he will win the case.
Regards,
R.N.Khola
Labour Law & Legal Consultants
09810405361
From India, Delhi
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422As per your query, if your father does not have any proof of service, how will the law help you? Your father should not resign of his own accord. He should approach the employer and try to settle the full and final dues. He used to receive his salary without any paperwork, and now he can similarly receive his final settlement amount from the employer. In the absence of the above, he will have to present his case based on oral evidence. It is uncertain whether he will win the case.
Regards,
R.N.Khola
Labour Law & Legal Consultants
09810405361
From India, Delhi
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Thank you, sir!
As proof of service, my father can provide his joining letter, which I have asked him to collect from the office, and he did it today. The joining date was 1st November 1994. We were provided with staff houses, and the telephone bills come in my father's name with the farm address where our houses are situated. We have had this connection for almost 9 years now, and my father is well known among the local people, and he has their support. Would these be considered valid proofs? Could you also please let me know of any other proofs that may have to be submitted? Once again, thank you very much for the support you are providing, sir!!
Dear,
As per your query, if your father does not have any proof of service, how will the law help you? Your father should not resign of his own accord. He should approach the employer and try to settle the full and final dues. If he used to receive his salary without any papers, he can now similarly receive his final settlement amount from the employer. In the absence of the above, he will have to fight his case based on oral evidence. He may or may not win the case.
Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law and Legal Consultants)
09810405361
From India, Hyderabad
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As proof of service, my father can provide his joining letter, which I have asked him to collect from the office, and he did it today. The joining date was 1st November 1994. We were provided with staff houses, and the telephone bills come in my father's name with the farm address where our houses are situated. We have had this connection for almost 9 years now, and my father is well known among the local people, and he has their support. Would these be considered valid proofs? Could you also please let me know of any other proofs that may have to be submitted? Once again, thank you very much for the support you are providing, sir!!
Dear,
As per your query, if your father does not have any proof of service, how will the law help you? Your father should not resign of his own accord. He should approach the employer and try to settle the full and final dues. If he used to receive his salary without any papers, he can now similarly receive his final settlement amount from the employer. In the absence of the above, he will have to fight his case based on oral evidence. He may or may not win the case.
Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law and Legal Consultants)
09810405361
From India, Hyderabad
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Forgot to mention, sir,
I advised my father to settle the matters with mutual talks first. If not, then we will try to proceed legally. Do we have a chance to proceed legally? As I still have a doubt in my mind if PF is a compulsion or depends on the employer.
From India, Hyderabad
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I advised my father to settle the matters with mutual talks first. If not, then we will try to proceed legally. Do we have a chance to proceed legally? As I still have a doubt in my mind if PF is a compulsion or depends on the employer.
From India, Hyderabad
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Dear,
These proofs are sufficient to establish your claim for employment. Management is giving a transfer. Do they have a policy of transfer in their standing orders? What is the area where he can be transferred? All these policies are established. You try to take a stay on transfer by showing it illegal as there is no provision in their standing orders.
PF is supposed to be paid by the firm, but now it will not matter much. If PF is not paid, it does not mean that he is not an employee of the company.
Thanks,
J. S. Malik
From India, Delhi
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These proofs are sufficient to establish your claim for employment. Management is giving a transfer. Do they have a policy of transfer in their standing orders? What is the area where he can be transferred? All these policies are established. You try to take a stay on transfer by showing it illegal as there is no provision in their standing orders.
PF is supposed to be paid by the firm, but now it will not matter much. If PF is not paid, it does not mean that he is not an employee of the company.
Thanks,
J. S. Malik
From India, Delhi
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Dear Friend,
You need to know what dues your father is eligible for because of his 16 years of service; he is eligible for gratuity. Talk to HR to understand the benefits. If HR is not cooperating, indirectly indicate that you may pursue legal options. If personal discussions are not helping, send a letter requesting to settle the issue. If there is no response or insufficient response, then you have to take legal action.
Being a company with 200 employees, they should definitely be covered by PF. Seek HR's assistance first to obtain the PF account number and for processing the PF claim. If the company is not forwarding the PF claim, you can forward it through other designated persons. However, if there is no PF contribution from the employer and employee, you can't do much.
Try to find an amicable solution before considering legal action.
Bhavan
From India, Bangalore
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You need to know what dues your father is eligible for because of his 16 years of service; he is eligible for gratuity. Talk to HR to understand the benefits. If HR is not cooperating, indirectly indicate that you may pursue legal options. If personal discussions are not helping, send a letter requesting to settle the issue. If there is no response or insufficient response, then you have to take legal action.
Being a company with 200 employees, they should definitely be covered by PF. Seek HR's assistance first to obtain the PF account number and for processing the PF claim. If the company is not forwarding the PF claim, you can forward it through other designated persons. However, if there is no PF contribution from the employer and employee, you can't do much.
Try to find an amicable solution before considering legal action.
Bhavan
From India, Bangalore
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